Do I need planning permission in Ireland? Exempted development explained
Rear extension limit
Garden structures limit
Council answer to a Section 5 request
You do not need planning permission for development that is exempted development, but only if it meets every condition and limit set out in the Regulations. If you are unsure, you can ask your council for a Section 5 declaration.
Many small home projects do not need planning permission. The law calls these projects exempted development. Each exemption has strict conditions, and a project that breaks even one condition loses the exemption. This guide explains how the rules work, the main exemptions for houses, when they do not apply, and how to ask your council for a formal answer.
How does exempted development work?
The Planning and Development Act 2000 says some types of development are exempt from the need for permission. The detail sits in the Planning and Development Regulations 2001 (S.I. No. 600 of 2001), in Schedule 2. Part 1 of that Schedule lists classes of development inside the curtilage of a house. Each class has a description and a set of conditions and limitations.
Your project is exempt only if it fits the description and meets every condition. Article 9 of the Regulations also lists cases where an exemption is lost, such as when the work would go against a condition of an earlier planning permission.
The Regulations changed on 27 July 2026. Older guides, and some council pages, may still show the previous limits.
What are the main exemptions for a house?
Rear extensions and garage conversions (Class 1)
Class 1 covers an extension to the rear of a house, including a conservatory. It also covers converting an attached garage, store or shed at the rear or side into part of the house. The main conditions are:
- The floor area of the extension cannot exceed 45 square metres where the house has not been extended before. The limit was 40 square metres before 27 July 2026.
- Where the house has been extended before, the new extension and every extension built since 1 October 1964, including those with planning permission, cannot add up to more than 45 square metres.
- Floor area above ground level cannot exceed 12 square metres for a terraced or semi-detached house, or 20 square metres for a detached house.
- Any above-ground extension must be at least 2 metres from any party boundary.
- Wall and roof heights are limited by the height of the existing house.
- At least 25 square metres of private open space must remain.
- Ground-level windows must be at least 1 metre from the boundary they face. Above-ground windows must be at least 8 metres from the boundary they face, down from 11 metres before the 2026 change.
- The roof cannot be used as a balcony or terrace.
Sheds, garages and greenhouses (Class 3)
Class 3 covers tents, awnings, greenhouses, garages, stores, sheds and similar structures in the curtilage of a house. The main conditions are:
- Nothing can stand forward of the front wall of the house.
- The total area of all such structures, including earlier ones, cannot exceed 30 square metres. The limit was 25 square metres before 27 July 2026.
- At least 25 square metres of private open space must remain to the rear or side.
- Height cannot exceed 4 metres for a tiled or slated pitched roof, or 3 metres in any other case.
- The structure cannot be used as a place to live or to keep pigs, poultry, pigeons, ponies or horses.
New exemptions from 27 July 2026
Seven new sets of Regulations took effect on 27 July 2026. They include:
- Dormer roof extensions to the side or rear (Class 1B) and up to two roof lights on the front roof plane (Class 1C).
- Subdividing a house into up to two units (Class 1A) and a detached house in the rear garden (Class 3A). Both need a notification to the council at least 14 days before work starts, and both apply only to work started and finished by 31 December 2030.
- Small bicycle or bin stores (Class 62), external wall insulation (Class 63), removing a chimney (Class 2A) and changes to the heat pump exemption.
Each new class has its own conditions. Read the full text or ask your council before you rely on one.
When do exemptions not apply?
Even a small project can fall outside the exemptions. Watch for these cases:
- Protected structures. Works to a protected structure, or a proposed protected structure, are exempt only if they would not materially affect its character (section 57).
- Architectural conservation areas. Works to the exterior of a structure in an architectural conservation area are exempt only if they would not materially affect the character of the area (section 82).
- Natura 2000 and other assessments. Development is not exempt if an environmental impact assessment or an appropriate assessment is required (section 4(4)). An appropriate assessment is the check made for European sites, also called Natura 2000 sites.
- Previous extensions. Earlier extensions count towards the size limits, as shown above.
- Boundaries. Walls, fences and gates have their own class with height limits. Article 9 also removes exemptions for work that would obstruct a public right of way or fence off land that the public habitually uses.
- Planning conditions. An exemption is lost if the work would contravene a condition of an earlier permission, which can include conditions on a housing estate.
- Unauthorised structures. Extending or altering a structure that is itself unauthorised is not exempt.
Building Regulations and fire safety rules apply separately, whether or not you need planning permission.
How do I ask the council for a Section 5 declaration?
Section 5 of the Planning and Development Act 2000 lets anyone ask a council whether work is development, or is exempted development. The answer is a declaration.
- Write to the planning authority for the area. Describe the work and include drawings and a site map.
- Pay the fee. Schedule 10 of the Regulations sets it at €80, and Wexford County Council lists the same amount.
- Send any extra information the council asks for.
- Wait for the declaration. The council must issue it within 4 weeks of receiving the request, or within 3 weeks of receiving further information. In exceptional cases it can take longer, but it must tell you why before the 4 weeks end.
- Check the result. If you disagree, you can refer the declaration to An Coimisiún Pleanála within 4 weeks of the date it was issued. The fee for this referral is €220.
A declaration only covers the work you described. Details are entered on the council’s planning register.
Rules are changing, so check before you start
The Planning and Development Act 2024 will replace much of the 2000 Act, but it is being brought in step by step. The Irish Statute Book, updated to 21 October 2026, shows parts of the 2024 Act in force. It also shows the repeal of sections 1 to 8 of the 2000 Act, which include the exemption and declaration rules in sections 4 and 5, as not yet commenced. The exemption rules in this guide are therefore the 2000 Act and the Regulations as amended.
Dates can change. Check the planning pages on gov.ie and your council’s website for the current position.
Check before you apply
Exemption rules depend on the exact site, the house and its planning history. A project that is fine on one plot can fail on the next because of a protected structure, a conservation area or a nature site nearby. A pre-planning report checks zoning, protected structures and nature sites at an address, and you can start with the free planning permission checker. Find out more on the pre-planning report page, then confirm the answer with your council.
Related guides: How to apply for planning permission, Pre-planning meeting and Retention permission.
This guide describes what the rules say. It is not legal advice. Confirm your plan with your council.
Your next step
Common questions
How big can an extension be without planning permission in Ireland?
For a rear extension to a house that has not been extended before, the Regulations set a limit of 45 square metres of floor area since 27 July 2026. Extra limits apply to floor area above ground level, distance from boundaries, windows and open space. Check every condition for your house before you start.
Do I need planning permission for a garden shed?
Not always. Sheds, garages, greenhouses and similar structures in the curtilage of a house are exempted development if they meet the conditions of Class 3. The total area of all such structures must not exceed 30 square metres, and the structure cannot be used as a place to live.
How much does a Section 5 declaration cost?
The fee set out in Schedule 10 of the Regulations is €80, and councils such as Wexford list the same figure. Check your council's current fee before you send the request.
How long does the council take to issue a Section 5 declaration?
The Planning and Development Act 2000 says the council must issue it within 4 weeks of receiving the request. If the council asks for more information, it must issue the declaration within 3 weeks of receiving it. In exceptional cases the council can take longer, but it must write to you before the 4 weeks end.
Can I rely on exemptions if my house is a protected structure?
Works to a protected structure are exempted development only if they would not materially affect its character. The owner or occupier can ask the council for a declaration on which works would or would not do so. The council must issue it within 12 weeks.
Sources
- Planning and Development Act 2000, revised (sections 4, 5, 57 and 82)
- S.I. No. 338 of 2026, Exempted Development Regulations 2026 (Class 1 and Class 3)
- South Dublin County Council, new exemptions from 27 July 2026
- S.I. No. 600 of 2001, Planning and Development Regulations 2001 (as made)
- Wexford County Council, planning fees
- Irish Statute Book, Planning and Development Act 2024 commencement table
This guide is general information based on the sources above, last updated October 2026. Planning rules change, and the Planning and Development Act 2024 is being brought into force in stages. It is not legal advice, so check with your council before you apply.

